(A) Weeds, rank vegetation, garbage, and junk declared public nuisances. Weeds, rank vegetation, garbage, and junk as herein defined that constitute violations of this chapter are declared to be public nuisances due to the danger to the public health, safety, and welfare of the citizens of Warrick County.
(B) Violation. It is a violation of this chapter for an owner to allow weeds, rank vegetation, garbage, and/or junk to accumulate on real property located within Warrick County used for residential or commercial purposes, thereby creating a public nuisance affecting a neighborhood or community as may be determined by the Hearing Authority.
(C) Prevention of public nuisances. All owners shall cut and remove weeds and rank vegetation and shall keep their real property clear of garbage and junk.
(D) Violation report and violation notice. All alleged violations of this chapter shall be subject to the following:
(1) Violation reports. Violations of this chapter shall be reported on forms to be provided by and submitted to the Administrator of the Warrick County Commissioners ("violation report"). A violation report may be submitted by any resident of Warrick County in the same neighborhood or community of the alleged nuisance.
(2) Inspections. Following the submission of a violation report by one or more neighbors or community members or the applicable Township Trustee that alleges a violation of this chapter, the Code Enforcement Officer, or the County Commissioner in whose district the alleged violation is located, or their designee, shall inspect the real property that is the subject of violation reports and file an inspection report with the Warrick County Administrator, which shall include the following determinations:
(a) Whether the owner has violated this chapter;
(b) If any of the violation reports were filed for purposes other than to report a violation under this chapter; and
(c) If the violation reports were submitted by neighbors or community members.
(3) Violation notices. Upon determination that the owner has committed a violation of this chapter, the Code Enforcement Officer, or their designee, shall issue a written notice ("violation notice") to the owner and any occupants of the property. The violation notice shall identify the violation(s) and order the owner to mitigate the public nuisance within ten business days from the date on which the owner has been served the violation notice ("abatement period"). Personal service, service by U.S. certified mail, or any other manner of service recognized in the Indiana Rules of Trial Procedure shall constitute proper service upon the owner and any occupants of the property for the purposes of this chapter.
(4) Reinspection and determination of penalty. Following the abatement period, the Code Enforcement Officer, or their designee(s), shall conduct a reinspection of the real property to determine whether the owner has mitigated the public nuisance(s) identified in the violation notice and whether any violations of this chapter remain on the property. In the event public nuisance(s) still exist on the property at the time of said reinspection, the Code Enforcement Officer, or their designee(s), shall be authorized to issue a fine to the owner for continued violation of this chapter in accordance with § 157.99.
(5) Abandoned vehicle abatement procedure. In the event a violation report identifies one or more abandoned vehicles on the subject property, the county shall comply with all due process requirements for notice and abatements of those abandoned vehicles as specified under Indiana law, including I.C. 9-22-1 et seq.
(E) Violation notice appeal. Any violation notice issued pursuant to this chapter may be appealed to the Hearing Authority if written notice of appeal is served on the Hearing Authority by the owner prior to the expiration of the abatement period. The timely appeal of a violation notice shall toll the abatement period pending the issuance of a decision thereon by the Hearing Authority.
(F) Abatement of public nuisance.
(1) Weeds and rank vegetation. In the event the violation(s) set forth in a violation notice relate to the presence of weeds and/or rank vegetation, and if the owner fails to timely abate each such violation set forth in the violation notice within the abatement period, the Code Enforcement Officer, or the County Commissioner in whose district the violation is located, shall be permitted to abate the public nuisance in the form of cutting or removing weeds and/or rank vegetation. The Code Enforcement Officer and/or said County Commissioner, or their designee(s), shall be authorized to enter any area surrounded by an enclosure and to remove any lock or barrier to entry affixed to such enclosure, in order to access and abate said public nuisance. The procedure as set forth in this division (F)(1) relating to the entry upon property to abate a public nuisance violation, and the subsequent abatement of the public nuisance violation in the fonn of cutting or removing weeds and/or rank vegetation, shall not require an order of abatement issued by Warrick County Superior or Circuit Courts.
(2) Garbage, junk, and abandoned vehicles. For all other violations of this chapter not related to the existence of weeds and/or rank vegetation, if the owner fails to timely abate each violation set forth in a violation notice within the abatement period, the Code Enforcement Officer or the County Attorney may file an action for an ordinance violation in the Warrick County Superior or Circuit Courts seeking an order of abatement of said nuisance. Said order of abatement shall grant the county or its designees permission to abate the public nuisance, including the removal of garbage and/or junk and any abandoned vehicles identified in the violation notice.
(3) Abatement costs. Upon completion of the abatement as set forth in this division (F), the Code Enforcement Officer or the County Commissioner in whose district the violation is located, or their designee(s), shall prepare a certified statement as to the actual administrative and other costs incurred by Warrick County in taking such action in addition to any penalties provided herein ("abatement costs"), and shall serve a copy of the invoice on the owner. The owner shall, within ten calendar days from the date on which the owner is served with such invoice ("payment period"), pay in full the amount stated thereon payable to the Warrick County Board of Commissioners.
(G) Appeal of costs. Any invoice for abatement costs issued pursuant to this chapter may be appealed to the Hearing Authority if written notice of appeal is served by the owner on the Hearing Authority within ten calendar days from the date on which the invoice is served on the owner. The timely appeal of an invoice shall toll the payment period pending the issuance of a decision thereon by the Hearing Authority.
(H) Failure to pay. If the owner fails to timely pay an invoice for abatement costs issued pursuant to this chapter, the Hearing Authority, or its designee, shall certify to the Warrick County Auditor the amount of the invoice for abatement costs, plus any additional administrative costs incurred in the certification of the same. The Warrick County Auditor shall place the total amount so certified on the tax duplicate for the property at issue, and the total amount, including any accrued interest, shall be due and payable with the parcel's real estate tax bill.
(I) Time of appeals. The Hearing Authority shall issue a decision granting or denying, in whole or in part, any timely requested appeal of notice of violation or invoice for abatement costs within 30 calendar days following receipt of the same, and may in its discretion meet with the owner to assist it in reaching a decision on the appeal. The date on which the Hearing Authority's decision is served on the owner shall thereafter become the first calendar day of the abatement period or payment period, as applicable.
(J) Miscellaneous.
(1) Venue. The Warrick County Superior Court shall be the court of proper venue and jurisdiction for the enforcement of this chapter and for any appeals from the Hearing Authority's final decision as to any violation.
(2) Cumulative remedy. This chapter supplements and does not limit any other remedy or action available in law or equity regarding the subject matter hereof.
(3) Applicability. This chapter shall not apply to the following:
(a) Agricultural and industrial operations as described in I.C. 32-30-6-9;
(b) Forestry operations as described in I.C. 32-30-6-11;
(c) Real property upon which agricultural crops are cultivated, including hay and pasture, as described in I.C. 36-7-10.1-3(a); and
(d) Warrick County municipal corporations as defined in I.C. 36-1-2-10, and Warrick County governmental units, departments, and school corporations.
(4) Abatement vendors. The Board of County Commissioners may invite and accept no less than two reasonable bids for abatement vendors who shall be private businesses and not any department of the county. Said vendors shall provide abatement services as independent contractors for violations of this chapter including the abatement of weeds and rank vegetation, garbage, and junk, and the bids may be renewed and updated at various times when deemed appropriate by the Board of Commissioners.
(5) Public Nuisance Fund. Any and all abatement costs, fees, penalties, and fines collected pursuant to this chapter shall be deposited into a Public Nuisance Fund or other fund as determined by the county fiscal body for the express purpose to cover the costs of administration of the enforcement of this chapter.
(BC Ord. 2018-07, passed 4-23-18; Am. BC Ord. 2019-06, passed 3-25-19; Am. BC Ord. 2023-06, passed 4-10-23)